Bhima Sahakari Sakhar Karkhana Ltd. v. Union Of India And ANR

Sng caw-768.16 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.768 OF 2016 IN WRIT PETITION NO.11828 OF 2013 Office Notes, Office memorandum of Coram, appearances, Court's Court's or orders or directions & Judge's orders.

Registrar's orders.

Shri Sarvajit B. Patil i/b Shri Sandeep S. Salunkhe for the Applicant. Mrs. Neeta V. Masurkar and Shri S.G. Thakur and Shri Kango for the Respondent Nos.1 and 2.

- CORAM :

A.S. OKA & A.A. SAYED, JJ DATED :

23RD SEPTEMBER 2016 P.C.:

1.

The Advocate for the Applicant seeks time. Perused the order dated 21st August 2014. The Applicant is the Writ Petitioner. Clauses 2 and 3 of the said order dated 21st August 2014 read thus: "2.

Rule The Advocate on record for the Respondent Nos.1 and 2 waives service.

3.

Considering the fact that the substantive prayer is for recovery of money, there cannot be any interim relief granted in this Petition. Hearing is expedited."

Sng caw-768.16 2.

In this Application, by way of interim relief, following relief is sought.

"(a) This Hon'ble Court be pleased to direct the Respondents to deposit amount of Rs.3,11,89,590/- with interest and the Applicant be permitted to withdraw the same."

3.

Grant of such relief at this stage will amount to granting final relief which in the facts and circumstances of the case, cannot be granted. Hence, the Application is rejected.

(A.A. SAYED, J) (A.S.OKA, J)